This is a single section from Chapter 13. Read the full chapter here.

Have the rules for the exercise of powers been considered?

The rules that apply to the exercise of powers should be considered when designing legislation.

                Sections 43 to 51 set out rules for the exercise of powers conferred by legislation. In particular,—

  • certain powers (eg, to make secondary legislation) may be exercised before the legislation commences if that is necessary to bring the legislation into operation
  • a power to appoint a person to an office includes a power to remove or suspend a person or to appoint a temporary office holder
  • a power to do a thing may be exercised to correct an error
  • a power of an office holder may be exercised by a deputy or another person who is lawfully acting in the office
  • a power to make secondary legislation (or another instrument) includes the power to amend or revoke it
  • a power to prescribe a matter in secondary legislation includes a power to prescribe a matter for a class or to prescribe different matters for different classes
  • a power, function, or duty may be exercised or performed more than once.

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